Question
Fern was playing soccer at a local field when he was injured. Fern and defendant were on opposing teams that tried to obtain possession of
Fern was playing soccer at a local field when he was injured. Fern and defendant were on opposing teams that tried to obtain possession of the ball. Fern was struck in the shin and thigh by defendant's foot. The evidence shows that the game was rough from the start. Elbows and kicks were used to discourage interference. Even Fern was using such tactics.
In his action, will Fern prevail?
Answers:
A.
Yes, if defendant intended to strike Fern with his foot.
B.
Yes, if defendant intended to cause a harmful or offensive contact with Fern.
C.
No, because Fern impliedly consented to rough play.
D.
No, unless defendant intentionally used force that exceeded Fern's consent.
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